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And, has the State carried the required burden of proof to convict defendants? This is the only reasonable interpretation available in this case which would accomplish this end. Most of his testimony dealt with Mrs. Massa's lack of certification and background for teaching and the lack of social development of Barbara because she is being taught alone. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. Rainbow Inn, Inc. v. Clayton Nat. People v. Levisen also commented on the spirit of the relevant statute stating: "The law is not made to punish those who provide their children with instruction equal or superior to that obtainable in public schools. Mr. and mrs. vaughn both take a specialized step. Defendants presented a great deal of evidence to support their position, not the least of which was their daughter's test papers taken in the Pequannock school after having been taught at home for two years. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? He did not think the defendants had the specialization necessary *386 to teach all basic subjects. She also maintained that in school much time was wasted and that at home a student can make better use of her time. Defendants were charged and convicted with failing to cause their daughter Barbara, age 12, regularly to attend the public schools of the district and further for failing to either send Barbara to a private school or provide an equivalent education elsewhere than at school, contrary to the provisions of N. S. A. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. Mr. and Mrs. Massa appeared pro se.
Mr. And Mrs. Vaughn Both Take A Specialized Set
Mrs. Massa satisfied this court that she has an established program of teaching and studying. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. The State placed six exhibits in evidence. The results speak for themselves. Mrs. Mr. and mrs. vaughn both take a specialized type. Massa introduced into evidence 19 exhibits. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school.
Mr. And Mrs. Vaughn Both Take A Specialized Type
The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. 372, 34 N. Mr. and mrs. vaughn both take a specialized language. 402 (Mass. Faced with exiguous precedent in New Jersey and having reviewed the above cited cases in other states, this court holds that the language of the New Jersey statute, N. 18:14-14, providing for "equivalent education elsewhere than at school, " requires only a showing of academic equivalence.
Mr. And Mrs. Vaughn Both Take A Specialized Language
Mrs. Massa conducted the case; Mr. Massa concurred. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. 1927), where the Ohio statute provided that a child would be exempted if he is being instructed at home by a qualified person in the subjects required by law. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. In Knox v. O'Brien, 7 N. 608 (1950), the County Court interpreted the word "equivalent" to include not only academic equivalency but also the equivalency of social development. In any case, from my observation of her while testifying and during oral argument, I am satisfied that Mrs. Massa is self-educated and well qualified to teach her daughter the basic subjects from grades one through eight. The majority of testimony of the State's witnesses dealt with the lack of social development. The Massachusetts statute permitted instruction in schools or academies in the same town or district, or instruction by a private tutor or governess, or by the parents themselves provided it is given in good faith and is sufficient in extent.
Mr. And Mrs. Vaughn Both Take A Specialized Step
The sole issue in this case is one of equivalency. A group of students being educated in the same manner and place would constitute a de facto school. They show that she is considerably higher than the national median except in arithmetic. She also is taught art by her father, who has taught this subject in various schools. Conditions in today's society illustrate that such situations exist. 1950); State v. Hoyt, 84 N. H. 38, 146 A. 665, 70 N. E. 550, 551 (Ind. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. N. 18:14-14 provides: "Every parent, guardian or other person having custody and control of a child between the ages of 6 and 16 years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school. " The conviction was upheld because of the failure of the parents to obtain permission from the superintendent.
Mr. And Mrs. Vaughn Both Take A Specialized Program
Defendants were convicted for failure to have such state credentials. However, within the framework of the existing law and the nature of the stipulations by the State, this court finds the defendants not guilty and reverses the municipal court conviction. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. This alone, however, does not establish an educational program unequivalent to that in the public schools in the face of the evidence presented by defendants. However, this court finds this testimony to be inapposite to the actual issue of equivalency under the New Jersey statute and the stipulations of the State. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing.
These included a more recent mathematics book than is being used by defendants, a sample of teacher evaluation, a list of visual aids, sample schedules for the day and lesson plans, and an achievement testing program. This case presents two questions on the issue of equivalency for determination. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. People v. Levisen and State v. Peterman, supra. The evidence of the State which was actually directed toward the issue of equivalency in this case fell short of the required burden of proof. There are definite times each day for the various subjects and recreation.
Mr. And Mrs. Vaughn Both Take A Specialized Subject
It is the opinion of this court that defendants' daughter has received and is receiving an education equivalent to that available in the Pequannock public schools. 1893), dealt with a statute similar to New Jersey's. She evaluates Barbara's progress through testing. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. The other type of statute is that which allows only public school or private school education without additional alternatives. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. A statute is to be interpreted to uphold its validity in its entirety if possible.
He testified that the defendants were not giving Barbara an equivalent education. That case held that a child attending the home of a private tutor was attending a private school within the meaning of the Indiana statute. Mrs. Massa called Margaret Cordasco as a witness. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home.
Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. 00 for a first offense and not more than $25. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. Cestone, 38 N. 139, 148 (App. State v. MassaAnnotate this Case. Massa, however, testified that these materials were used as an outline from which she taught her daughter and as a reference for her daughter to use in review not as a substitute for all source material. However, the State stipulated that a child may be taught at home and also that Mr. or Mrs. Massa need not be certified by the State of New Jersey to so teach. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. The court in State v. Peterman, 32 Ind. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. Mrs. Massa introduced English, spelling and mathematics tests taken by her daughter at the Pequannock School after she had been taught for two years at home.
384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. 170 (N. 1929), and State v. Peterman, supra. 1948), where the Virginia law required certification of teachers in the home and specified the number of hours and days that the child was to be taught each year; Parr v. State, 117 Ohio St. 23, 157 N. 555 (Ohio Sup. As stated above, to hold that the statute requires equivalent social contact and development as well would emasculate this alternative and allow only group education, thereby eliminating private tutoring or home education. She felt she wanted to be with her child when the child would be more alive and fresh. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. The lowest mark on these tests was a B. Our statute provides that children may receive an equivalent education elsewhere than at school. Decided June 1, 1967. 00 for each subsequent offense, in the discretion of the court. This is not the case here. Mrs. Massa is a high school graduate. Had the Legislature intended such a requirement, it would have so provided. He also testified about extra-curricular activity, which is available but not required.
1904), also commented on the nature of a school, stating, "We do not think that the number of persons, whether one or many, makes a place where instruction is imparted any less or more a school. " She had been Barbara's teacher from September 1965 to April 1966.